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Home My WebLink About2000 07 10 Informational A Proliferation of Convenience Stores COMMISSION AGENDA ITEM A Consent Informational X Public Hearing Regular July 10,2000 Meeting Mgr. / Authorizati REQUEST: The Community Development Department - Planning Division informs the City Commission that it has researched the issue of requiring a minimum distance between convenience stores. PURPOSE: The purpose of this Agenda Item is to protect the health, safety and welfare of the citizens of Winter Springs by preventing the undue proliferation of convenience stores within the City. APPLICABLE LAW AND PUBLIC POLICY: The provisions of Sec. 3.01 of the City Charter which states "The City shall have all powers possible for a City to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter." The provisions of Sec. 4.06 of the City Charter which states "All powers of the City shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law." CONSIDERA TIONS: . American Planning Association, Planning Advisory Service, indicates that very few jurisdictions in the country have regulations requiring minimum distances between CDD/June 30, 2000/11:48 AM "July 10,2000 INFORMATIONAL AGENDA ITEM A Page 2 convenience stores. The only one they had in their reference library was the regulation from San Bernardino, California. San Bernardino requires 1,000 feet distance between convenience stores that are less than 5,000 square feet. (see attachment) · Possible bases for requiring a distance between convenience store may be traffic generation/congestion, noise, lighting, aesthetic considerations. · Almost all convenience stores today have An automobile component connected to its overall retail sales. · Other bases for placing controls on convenience stores are protection of quiet viable neighborhoods, the perception of "need", the effect on schools, the hours of operation, and the perception that such entities encourage loitering and anti-social behavior. · Site plan control can ameliorate issues of noise, sign control, buffering, lighting, refuse disposal and landscaping. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission request the City Manager to direct staff to prepare an ordinance requiring a minimum spacing of 1,000 feet between convenience stores. ATTACHMENT: A. San Bernardino, California City Code, pages 11-98-100, relating to convenience stores. COMMISSION ACTION: CDD/June 30, 2000/11 :48 AM ATTACHMENT A 7F. rl' Il._'~~'-'''' , .......... .,&..''oJ . ,..." E. BONUS HEIGHT COMMEROAL DlSTJUcrs -19.06 ~ ~ ('4- Proposed structures within the CR-21and use district shall have a maxi- mum height limit of 100 feet. This section provides a speda.I incentive to increase the maximum allowable height limit up to 150 feet through a pro- gram which enCOUrages such additional amenities as deemed desirable by the Commission. These amenities may include, but not llinited to, the fol- lowing: 1. Mixed Use Developments (i.e., residential above commercial office and retail uses, restaurants, theaters, etc.); 2. Enhanced pedestrian activities; 3. Improved signage and additional landscaping; 4. Additional parking; 5. Ground level and second floor plazas; 6. Outdoor cafes; 7. Artistic sculptures and aquatic amenities; and 8. Day ~are facilities. piA BL.\ c... ? tioNt [N(LtJ\DE:O - CONVENIENCE STORES The retail sale of groceries, staples, 51.U\dry items and/or alcoholic beverages where the gross floor area is less than 5000 square feet is subject to Conditional Use Permit review, and shall be constructed and operated in the following manner: 1. 2. The minimwn site area shall ~'10,OOO square feet. The site shall have direct frontage along a major or secondary street. The site shall not have direct access on a loc:al residential street. One access drive may be permitted for each street frontage. The design and Ioeation of the access drive(s) shall be subject to the approval of the ORe; _ I : J AC: '" lie.. No convenience store shall be located less than 1000 feet from ) d; ~Jq ,'W an existing or previously approved convenience store, or an exist- , ing elemen~ junior high school, or high school, as measured r, 7v' ~c ""<,,,- from 1 property line to another. 3, 4. U-98 5191 ,~ 13. T\L e,L.\ c." -r14. POONE.- 15. ..-- ------. ...,._"'" 5. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights~f-way. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards). All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 19.28 CLandscaping Stand- ards). 6. 7. 8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-Street Parking Standards). A parking plan shall be developed as part of the permit review procESS. The premises shall be kept in a neat and orderly condition at all times. .:' Every parcel with a structure shall have a trash receptacle on the ~ . premises. The trash receptacle shall comply with adopted Public ~ Works Department standards and be 01 sufflCient size to accom- modate the trash generated. The receptacles(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fOUfth side by a solid gate not less than 5 feet in height. The gate sl\.all be maintained in working order and shall remain dosed ~pt when in use. The wall and gate shall be architectural- ly compatible with the surrounding SlTuctures. If on-site dispensing of automotive fuels is provided, the desi~ location and operation of these facilities shall be consistent with the provisions of Section 19.06.030 (2)(L) (Service Station Standards). Additiona11y, the cashier location shall provide direct visual access to the pump islands and the vehicles parked. adjacent to the islands. A bicycle rack shall be installe.d In a convenient location visible from t the inside of the store." ) 9. 10. 11. 12. Each convenience store shall provide a public: restroom located within the store. Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out t service only. > On.gle video games may IIOt be installed or operated on the ~? premises. D-99 SI91 COMMERCIAL DISTRICTS - B.1)6 16. A convenience store adjacent to any residentially designated _ . distriet shall have a 6 foot high decorative masonry wall along property lines adjacent to such districts. 17. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PeC) roncrete. G. DAY CARE FAClUTIES Refer to Section 19.04.030 (2)(B). H. DRIVE-THRU RESTAURANTS This Section contains standards for drive-thru ~W'ants as well as prohibition of same in specified land use dislrids. Drive-thru restaurants are subject to Conditional Use Permit review. 1. Establishments providing drive-thru facilities may be pennitted in the CG-1, CG-2, CG-3, CG-4, and CR-3 (south of 1-10 only) land use districts. 2. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall lave clear visibilit}', and they must be emphasized by enridted paving' or striping. 3, Drive-tluu aisles shall have a minimum 12 foot width on cwves and a minimwn 11 foot width on straight sections. 4. Drive-thru aisles shall provide sufficient stacking area behind menu board to attmnmodate a minimum of 6 cars. 5. All service areas, test rooms and ground mounted and roof mounted mechanical equipment shall be screened from view. 6. Landscaping shall saeen drive-thru or drive-in aisles from the public right of way and shall be used to minimize the visual impact of readerboard signs and directional signs_ 7. Drive-thru aisles shall be constructed with (FCC) concrete. 8. Parking areas and the drive-thnt aisle and structure shall be setback from the ultimate curb face a minimum of 25 feet. n-l00 5191